Yolo

- Solano Air Quality Management District

1947 Galileo Court, Suite 103 Davis, CA 95618 (530) 757

- 3650 www.ysaqmd.org



## PROPOSED REVISIONS TO
RULE 2.22 GASOLINE DISPENSING FACILITIES

FINAL STAFF REPORT

December 30, 2014

Prepared by: Matt Baldwin , Associate Air Quality Engineer

Reviewed by: Frank DeMaris , Engineering ManagerFinal Staff Report

– Rule 2.22 December 30, 2014

i Table of Contents Page

I. EXECUTIVE SUMMARY

................................ ................................ ................................ ............. 1

A. BACKGROUND

................................ ................................ ................................ ................ 1

II. DISCUSSION OF PROPOSED RULE 2.22 AMENDMENTS

................................ ...................... 2

III. COMPARISON TO OTHER APPLICABLE REGULATIONS AND REQUIREMENTS

........... 4

IV. IMPACTS OF THE PROPOSED RULE

................................ ................................ ........................ 5

V. ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE

................................ ......... 6

VI. REGULATORY FINDINGS

................................ ................................ ................................ ........... 6

VII. PUBLIC COMMENTS AND STAFF RESPONSES

................................ ................................ ...... 7

VIII. REFERENCES

................................ ................................ ................................ .............................. 10

ATTACHMENT A PROPOSED RULE 2.22, GASOLINE DISPENSING FACILITES

ATTACHMENT B NOTICE OF EXEMPTION FROM CEQA GUIDELINES

ATTACHMENT C RESOLUTION NO. 15

- 01

ATTACHMENT D COMMENTS RECEIVEDFinal Staff Report

– Rule 2.22 December 30, 2014

Page 1 of 10 I. EXECUTIVE SUMMARY

The Yolo

- Solano Air Quality Management District (District) Board of Directors will consider the proposed amendment to Rule 2.22, Gasoline Dispensing Facilities. Rule 2.22 sets forth the control equipment requirements for gasoline dispensing facilities (GDF) with tanks having a

capac ity of greater than 250 gallons. These requ irements include storage tank loading vapor recovery (Phase I), vehicle refueling vapor recovery (Phase II), best management practices for the
control of tank breathing (standing loss) emissions, and general main tenance and testing requirements.

The revisions to Rule 2.22 would mainly provide the following exemptions:

 An exemption from Pha se I Enhanced Vapor Recovery (EVR) requirements for low throughput GDFs equipped with aboveground tanks,

 A n exemption from Pha se II vapor recovery for non

- retail GDFs that fuel vehicles equipped with On

- board Refueling Vapor Recovery (ORVR), and

 An exemption from Phase II vapor recovery for Ethanol/gasoline blend (E85) dispensing
facilities

.

Additionally, the rule would be revis ed for general rule clean

- up and to remove unnecessary requirements.

The proposed revisions are not expected to have either a significant or detrimental effect on the environment. Therefore, staff prepared a Notice of Exemption (NOE) to satisfy the requir ements of the California Environmental Quality Act (CEQA). The notice states that the revisions to Rule 2.22 are exempt from the requirements of CEQA pursuant to Section 15308 of the Public
Resources Code

– Actions by Regulatory Agencies for Protection of the Environment.

A. BACKGROUND

History

Rule 2.22 was originally adopted by the Board of Directors July 14, 1982, and was incorporated into the State Implementation Plan (SIP) on February 28, 1984. The rule has been amended
several times since. Most recen tly, the Rule was amended on June 12, 2002 to add Phase I and Phase II requirements consistent with California Air Resources Board (CARB) standards, add inspection and maintenance requirements, add ongoing testing requirements, and add recordkeeping and re porting requirements. The rule was subsequently incorporated into the SIP on January 23, 2003.

Additionally, s ince 2000 CARB has been developing and implementing Enhanced Vapor Recovery (EVR) requirements for GDF s . Rule 2.22 was amended on June 12, 2002 to incorporate many of those requirements, based on South Coast AQMD Rule 461, Gasoline Storage and Dispensing (June 15, 2001). CARB first focused on facilities with underground storage tanks (UST). In order to c omply with the EVR requirements, GDFs wit h USTs have had to upgrade their vapor recovery equipment in sev eral stages. First, by April 1, 2005 they were required to upgrade their Phase I (vapor recovery between storage tanks and transport vessels) equipmen t. Then, by September 1, 2006, they were requ ired to comply with On board Refueling Vapor Recovery (ORVR) requirements. By April 1, 2009, they were required to upgrade theirFinal Staff Report

– Rule 2.22 December 30, 2014

Page 2 of 10 Phase II (vapor recovery between vehicle refueling and storage tanks) equipment. Finally, by September 1, 2010 large throughput stations were required to install In

- Station Diagnostics (ISD) to better monitor for equipment defects.

CARB is currently focused on implementing EVR for aboveground storage tanks (AST). The first phase of aboveground EVR was Standing Loss Control (SLC). In order to be certified, CARB required new aboveground tanks to have SLC by April 1, 2009 . Where SLC was enforced by a d istrict, existing tanks were required to be equipped with SLC by April 1, 2013. Bec ause Rule 2.22 did not have provisions for SLC and SLC was incorporated into Phase I EVR , the District did not require existing facilities to install SLC by April 1, 2013. Phase I EVR became operative on July 1, 2010 and became required for all new aboveg round tanks. Phase I EVR for aboveg round tanks will be required on existing tanks by July 1, 2014.

On February 28, 2014, CARB issued a regulatory advisory 1 . This advisory provides relief from Phase I EVR under certain circumstances. The advisory impleme nts a nine step approach for determining if Phase I EVR is required for existing aboveground storage tanks. For YSAQMD, ASTs are exempt from Phase I EVR if their annual throughput does not exceed 60,000 gallons.

Overview of Source Category

Gasoline Dispen sing Facilities range from large throughput truck stops to small private tanks. Currently the District has over 200 facilities that are subject to some fo rm of gasoline vapor

recovery.

II. DISCUSSION OF PROPOSED RULE 2.22 AMENDMENTS

The proposed amendments to Rule 2.22 are as follows :

Section 111 Exemption

The District is clarifying that in order to qualify for this exemption, the facility had to have been in operation prior to January 11, 1995. This date reflects when the exemption was first incorporated into the rule.

Section 112 Exemption

The District is a dding an exemption from Phase II requirements for facilities that dispense E85 ( 85% ethanol/15% gasoline blend). Currently, these facilities are subject to Phase II EVR. However, CARB issued an executive order (G

- 70

- 212, July 16, 2008) that delays Phase II EVR for E85 facilities. The primary reason for delaying implementation is because ARB and EPA
estimate that 95% of E85 vehicles are equipped with ORVR , which controls vapors from the refueling of motor vehicles roughly equivalent to Federal Stage II (Phase II) requirements

.

Section 113 Exemption

The District is a dding an exemption for ORVR fleets. Since 2006, EPA has mandated tha t most new passenger vehicles be equipped with ORVR. ORVR is a vapor recovery system that directs

1 California Air Resources Board, “Regulatory Advis ory

– Flexibility Provided to Owners and Operators of Aboveground Gasoline Storage Tanks (AST) Subject to 2008 AST Vapor Recovery Regulation,” February 28, 2014Final Staff Report

– Rule 2.22 December 30, 2014

Page 3 of 10 vapors generated during refueling from vehicle tanks to a carbon canister on the vehicle. During normal driving the vapors from the canister are purged back into the fuel tank vapor space, reducing vapor growth. On May 16, 2012 EPA declared that ORVR was in widespread use and that they would waive the requirement for states to implement Phase II vapor recovery (77 FR 28772). Since retail GDFs are required t o implement Phase II under the Benzene Airborne Toxic Control Measure (Title 17, California Code of Regulations (CCR), Section 93101), this exemption would only apply to non

- retail fleets that can demonstrate that 95 % of their fleet is ORVR compatible.

Sec tion 114 Exemption

The District is adding an exemption for Gasoline Bulk Plants. District Rule 2.21 already requires gasoline storage tanks at bulk plants to be equipped with a CARB certified v apor recovery system.

Section 115 Exemption

The District is ad ding an exemption from Phase I EVR for existing aboveground storage tanks. In order to claim the exemption, an existing owner/operator must demonstrate the tank is equipped with a Phase I pre

- EVR system (certified prior to June 1, 2001) ; that the tank was installed and in operation prior to the operative date for Phase I EVR for abovegrou nd storage tanks (July 1, 2010), and that the tank has a permitted throughput of 60,000 gallons per year or
less. This exemption will be consistent with the regulatory ad visory issued by CARB on February 28, 2014.

Section 116 Exemption

The District is adding an exemption from Phase II EVR for exi sting aboveground storage tanks

. This will allow existing tanks to continue to dispense gasoline as a result of the changes made to Section 305.1.

Section 200 Definitions

The rule amendments would add definitions for E85 , Enhanced Vapor Recovery, Gasoline Bulk Plant, In Station Diagnostics, ORVR

, Standing Loss Control, and Storage Tank. Additionally, the District is making some no n

- substantive changes to various definitions for clarity and clean

up.

Section 304 Standards for Gasoline Transfer into Storage Tanks (Phase I)

The District is amending Section 304.1 to clarify that GDFs subject to this requirement are required to install Phase I EVR.

The District is amending Section 304.7 for clarity.

The District is deleting Section 304.8. Currently, all EVR equipment is of dual point design. Any proposed EVR equipment would need to meet the certification requirements. Any existing

coa xial

- style vapor recovery equipment is covered by an Executive Order. Therefore, this requirement is not needed.

The District is removing the past due deadline in Section 304.10.Final Staff Report

– Rule 2.22 December 30, 2014

Page 4 of 10 The District is adding a requirement for aboveground tanks. All aboveground tanks subject to the rule will be required to be equipped with CARB Certified SLC.

Section 305 Standards for Gasoline Dispensing into Motor Vehicle Fuel Tanks (Phase II)

The District is amending Section 305.1 to clarify that GDFs subject to this requirement are required to install Phase II EVR.

The District is deleting Sections 305.5 through 305.9. Most of these requirements would be covered by Executive Orders and are part of the certification requirements. The requirement to replace balance sy stem nozzle boots once per year is not part of the certification procedure. However, since the District witnesses reverification testing on all facilities at least once per year, the condition of the nozzle boot can be checked and any defects would be fou nd during the testing, making this an unnecessary requirement.

The Di strict is amending Section 309 and 309.1 to include references to the CARB Installation, Operation, and Maintenance Manual. Additionally, the District is amending Section 309.1 by
removin g the tests listed in 309.1 a. through d. as these tests, if applicable to the vapor recovery system, are required by the Executive Orders.

The District is amending Sections 309.2 and 309.3 to clarify that once non

- compliance has been
documented , the facility may adjust equipment in order to bring the facility back into compliance.

The District is amending Sectio ns 306, 307, and 308 to include periodic maintenance and inspection protocols required by the CARB Executive Orders.

The District is amending Section 309.5.d to allow facilities extra time to submit source test reports. The reporting deadline will be changing from 2 days to 30 days after the source test is
conducted.

Section 401 Compliance Schedule

The District is removing the compliance schedu le, as this requirement is no

- longer needed.

Section 500 Monitoring and Records

The District is only making technical, non

- substantive changes for clarity.

Section 600 Test Methods and Procedures

The District is removing the listed test procedures and repl acing them with references to the CARB methods listed in the applicable CARB Executive Orders, or other methods approved in writing by the USEPA, CARB, or the District.

III. COMPARISON TO OTHER APPLICABLE REGULATIONS AND REQUIREMENTS

Health and Safety Code Sect ion 40727.2 requires districts to prepare a written analysis (usually in the form of a matrix) that identifies all existing federal air pollution control requirements, including, but not limited to, emission control standards constituting best available co ntrol technology (BACT) that apply to the same equipment or source type as the rule or regulationFinal Staff Report

– Rule 2.22 December 30, 2014

Page 5 of 10 proposed for adoption or modification by the District. In addition, the analysis shall identify any other District rule or regulation that applies to the sam e equipment or source type. The amendments proposed are administrative in nature, so the specified elements (e.g. averaging provisions, operating parameters, monitoring, etc...) are not applicable.

IV. IMPACTS OF THE PROPOSED RULE

Emissions Impacts

The Distri ct quantified emissions reductions in our 2002 rule amendments. These calculations attributed emissions reductions to more stringent inspection, maintenance and testing requirements, and did not account for increased control efficiency. The inclusion of exemptions for ORVR fleets and E85 fueling facilities assumes control efficiencies at least as stringent as those in place during the 2002 rule amendment. Additionally, non

- retail aboveground storage tanks that would be exempt from EVR requirements under the proposed amendments would still be required to use equipment that meets the control efficiencies assumed in 2002, while keeping the same inspection, maintenance and testing requirements. Therefore, the District does not expect any emission impacts due to the proposed amendments.

Cost Effectiveness

CH&SC Section 40703 requires the District, in the process of the adoption of any rule or regulation, to consider and make public its findings related to the cost effectiveness of the rule.
Cost effectiveness for rulemaking purposes is calculated by dividing the cost of air pollution controls required by the rule by the amount of air pollution redu ced.

As part of the regulatory advisory issued by CARB on February 28, 2014, CARB reviewed the
cost effectiveness of Phase I EVR and SLC. Their analysis determined that Phase I EVR was not cost effective in YSAQMD for existing aboveground storage tanks at GDFs, whose annual throughput does not exceed 60,000 gallons. However, the analysis determined that SLC was cost
effective statewide.

Socioeconomic Impact

California Health and Safety Code Section 40728.5 (a) requires the District, in the process of the adoption of any rule or regulation, to consider the socioeconomic impact if air quality or emission limits may be significantly affected. However, districts with a population of less than 500,000 persons are exempt from the provisions of Sec tion 40728.5 (a). The District’ s population is estimated to be approximately 331,600 and well below the 500,000 person threshold. Therefore, a socioeconomic analysis for this rulemaking is not required.

Incremental Cost Effectiveness

CH&SC Section 40920.6 requires an assessment of the incremental cost

- effectiveness for proposed regulatio ns relative to ozone, Carbon Monoxide (CO), Sulfur Oxides (SOx), Nitrogen Oxides (NOx), and their precursors. Incremental cost

- effectiveness is defined as the difference in control costs divided by the difference in emission reductions between two potenti al control options that can achieve the same emission reduction goal of a regulation. The District does not expect any emissions changes from these amendments and therefore, no incremental cost

effectiveness analysis can be done

.Final Staff Report

– Rule 2.22 December 30, 2014

Page 6 of 10 V. ENVIRONMENTAL IMPACTS OF METHODS OF COMPLIANCE

California Public Resource Code Section 21159 requires the District to perform an environmental analysis of the reasonably foreseeable methods of compliance. The analysis must include the following information:

1. An analysis of the rea sonably foreseeable environmental impacts of the methods of compliance.

2. An analysis of the reasonably foreseeable mitigation measures.

3. An analysis of the reasonably foreseeable alternative means of compliance with the rule or regulation.

The proposed rule amendments will have neither a significant nor a detrimental effect on the
environment or humans due to unusual circumstances. In addition, the proposed amendment is considered to be an action taken to maintain and protect the environment. Therefore, sta ff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308, Actions by Regulatory Agencies
for Protection of the Environment. Staff prepared a Notice of Exe mption (NOE) to meet the CEQA Guidelines (Attachment B).

VI. REGULATORY FINDINGS

Section 40727(a) of the California Health & Safety Code (H&SC) requires that prior to adopting or amending a rule or regulation, an air district = s board make s findings of necessit y, authority, clarity, consistency, nonduplication, and reference. The findings must be based on the following:

1. Information presented in the District = s written analysis, prepared pursuant to H&SC Section 40727.2;

2. Information contained in the rulemaking re cords pursuant to H&SC Section 40728; and

3. Relevant information presented at the Board = s hearing for adoption of the rule.

The required findings are:

Necessity: Staff finds that the proposed amendments to Rule 2.22 are necessary to:

 Provide an exemption fr om Phase II requirements for non

- reta il GDFs, where widespread
use of ORVR can be demonstrated

.

 Provide an exemption from Phase II requirements for E85 fueling facilities.

 Provide an exemption from implementation of Phase I and Phase II EVR for low through put a boveground GDFs

, and prevent unnecessary permitting and control costs for sources, poten tial sources, and the District.

 Provide clarity and remove redundant requirements that would otherwise be covered by
an ARB Executive Order.

Authority: The District is authorized to adopt rules and regulations by California Health and Safety Code, Sections 40001, 40702, 40716, 41010 and 41013. (H&SC Section 40727 (b)(2)).Final Staff Report

– Rule 2.22 December 30, 2014

Page 7 of 10 Clarity: District staff have reviewed the proposed rule and determined that it can be easily understood by the affected industry. In addition, the record contains no evidence that the persons directly affected by the rule cannot understand the rule. (H&SC Section 40727(b)(3)).

Consistency: The proposed rule does not conflict with

, and i s not contradictory to, existing statutes, court decisions, or state or federal regulations. (H&SC Section 40727(b)(4)).

Non

- Duplication: The proposed rule includes duplicate requirements of Title 17, Cal. Code Regs., Sections 93100 and 93101 (Benzene ATCM ). However, the duplicative requirements are necessary to execute the powers and duties granted to, and imposed upon the District. (H&SC Section 40727(b)(5)).

Reference : The District must refer to any statute, court decision, or other provision of law tha t the District implements, interprets, or makes specific by adopting, amending or repealing the rule.

VII. PUBLIC COMMENTS AND STAFF RESPONSES

Staff held a public workshop on September 26, 2013 , to discuss th e proposed amendments to
District Rule 2.22 . Notifica tion were sent to surrounding Air Districts, City Managers within the District, building/planning/community development departments within the YSAQMD, all city and county libraries within the District, all Board members, and all affected sources.

A copy o f the public workshop notice, the draft staff report, and draft rule language, were posted
on the District = s web page prior to the public workshop . In response to the notice and/or workshop, the District received the following comments:

Comment 1. Alex Kr ichevsky, California Air Resources Board submitted a no comment letter

(see attached)

Comment 2. Nicole Law, EPA Region 9 submitted comments (see attached). The first

comment recommended that the District require 95% of vehicles in a fleet be equipped wit h ORVR, instead of the proposed 90%. This is based on a 2007
EPA memo. The second comment recommended that the District correct a
reference.

Response 2. All of EPA’s comments have been incorporated, as requested.

Subsequent to the public workshop and add ressing the comments, staff prepared a public hearing notice for the hearing which opened on December 11, 2013. The hearing notice was published in
the Davis Enterprise, Dixon Tribune, Isleton Journal, River News

– Herald, Vacaville Reporter

, West Sacramen to Press, Winters Express, & the Woodland Daily Democrat

. A copy of the public hearing notice and updated documents (proposed staff report and proposed rule language), were posted on the District’s web page.

During the December meeting, the Board continue d the public hearing to January 8, 2014, then to February 12, 2014, and again to March 12, 2014.

On February 28, 2014, CARB issued the above

- referenced advisory outlining relief from Phase I EVR for aboveground storage tanks. As a result of this advisory, the Board closed the public hearing at the March 12 meeting and decided not to take action on the rule amendments, so that
the District could further amend and re

- workshop the rule.Final Staff Report

– Rule 2.22 December 30, 2014

Page 8 of 10 On July 21, 2014, CARB released the draft certification procedure, CP

- 206 . The draft language incorporates the exemptions provided by the advisory into the certification requirements for aboveground storage tanks. Additionally, CARB held a workshop to discuss the changes, which the District attended. CARB is expected to present the changes before their board in November.

Staff held a second public workshop on September 11, 2014 , to discuss th e proposed amendments
to District Rule 2.22 . Notification were sent to surrounding Air Districts, City Managers within the District, building/planning/community development departments within the YSAQMD, all city and county libraries within the District, all Board members, and all affected sources.

A copy of the publ ic workshop notice, the draft staff report, and draft rule language, were posted
on the District = s web page prior to the public workshop . In response to the notice and/or workshop, the District received a no comment response was received from EPA Region 9 , as well as no comments from members of the public. The following rule comments were received from the Monitoring and Lab Division of the California Air Resources Board (see attached).

Comment 1

. CARB stated that they fully support the proposed rule.

Resp onse 1

. The District appreciates the support of CARB in regards to the amendments to

Rule 2.22.

Comment 2. Section 116 Exemption

– Phase II EVR

– “ This section, when read in

conjunction with section 305.1, appears to allow for the continued use of pre

EVR Phase II on all ASTs indefinitely. ARB staff anticipates that a Phase II EVR system for ASTs will be certified in late 2014. New ASTs installed after the certification of a Phase II EVR system would be required to install a Phase II EVR system, so ARB staf f suggests that the proposed YSAQMD rule could be
amended to reflect that.

Response 2. The District is proposing continuing the use of pre

- EVR Phase II f or aboveground tanks. As was seen with Phase II EVR for underground thanks, the
District believes that Phase II EVR will be less cost effective than Phase I EVR,
which was determined to be not cost effective for low

- throughput GDFs. Additionally, the District believes that, through attrition, pre

- EVR hanging hardware will be replaced with EVR hanging hardwa re as pre

- EVR parts need replacement and become unavailable in California.

Comment 3. Section 112 and 113: Exemption for E85 and ORVR

– “ ARB staff fully supports

the proposed exemption for onboard refueling vapor recovery (ORVR) fleet fueling facilities, i ncluding E85 facilities. These exemptions will reduce operating costs for facility owners with no increase in emissions. ARB staff has proposed standards and specifications for Enhanced Conventional (ECO) Nozzles and low permeation hoses that would further reduce emissions from these facilities. ECO Nozzle standards will be presented to the Board for consideration in November 2014. With the likelihood of ECO Nozzle regulations passing in November, YSAQMD could consider revising their proposed language to re quire the use of ECO Nozzles and low permeation hoses at these exempted E85 and ORVR fleet facilities within four years of the date these components are certified by ARB. ”Final Staff Report

– Rule 2.22 December 30, 2014

Page 9 of 10 Response 3. The District believes that, through attrition, conventional hanging hardware will

be replaced with ECO hanging hardware as these parts come into common use in
California.

Comment 4. Section 115.2

- This section exempts ASTs with a throughput of 60,000 gallons

or less. For clarity, the sentence should read “....has a Permit t o Operate with an annual throughput limit of 60,000 gallons or less, or is ...”

Response 4. This section has been revised in the proposed rule to clarify that an aboveground

GDF can qualify for the exemption if it has a “permitted” throughput of 60,000 gallo ns, as originally intended.

Comment 5. Section 214, Enhanced Vapor Recovery Definition

- The reference to CP

- 206

should be “...sections 3 through 10” rather than sections 3 through 11.” Section 11 contains no performance standards.

Response 6. This comment h as been incorporated into the proposed rule.

Comment 7. Section 304.7

– This section requires that all spill containers must have a drain

valve. ARB vapor recovery regulations require no drain valves for all vapor spill containers. Product spill container manufacturers have requested and are granted certification for spill containers without drain valves to avoid gasoline and ethanol phase separation caused by water. ARB staff is not recommending that
this section be amended but wanted the district to be aw are that ARB is certifying spill containers without drain valves.

Response 7. The District is aware that ARB is certifying spill containers without drain valves,

but is not amending this section at this time.

Comment 8. Section 305.5

– This section require s owners/operators to check the system in the

event of “drive off” (hose separate from dispenser or hose separate from nozzle). Please note that CARB EOs include ARB Approved Installation, Operation, and Maintenance (IOM) Manual for the Assist (Healy) and Balance systems contain procedures for checking the hanging hardware after a drive off. If the component fails the check, the component must be replaced. ARB staff recommends that this section include a reference to CARB Executive Order, as applicable.

Res ponse 8. This comment has been incorporated into the proposed rule.

Comment 9. Section 306 (Self Compliance Program), Section 307 (Daily Maintenance

Inspection Program), and Section 308 (Periodic Inspection Protocol). ARB staff
recommends that these sectio ns include a reference to “CARB Executive Order, as applicable.” CARB EVR Executive Orders include compliance procedures and contain a list of daily and periodic inspection procedures for each certified system.

Response 9. This comment has been incorporate d into the proposed rule.

Comment 10. Section 601, Static Pressure Decay

– ARB staff recommends amending this

section to include a reference to “TP

- 206.3, Determination of Static Pressure Performance of Vapor Recovery Systems at Gasoline Dispensing Facilit ies withFinal Staff Report

– Rule 2.22 December 30, 2014

Page 10 of 10 Aboveground Storage Tanks and CARB Executive Order, as applicable.” TP

206.3 applies to ASTs and lists ullages that are representative of ASTs. The reason for referencing CARB Executive Order is that the certified Assist and Balance Phase II syste ms include items that are necessary to conduct a static pressure decay test. Section 602, Dynamic Backpressure

- ARB staff recommends amending this section to include a reference to “CARB Executive Order, as applicable.” The EVR Executive Orders specify w hich one of the six TP

- 201.4 methodologies to employ and also include special instructions for conducting TP

- 201.4. Section 603, Air to Liquid Ratio

– ARB staff recommending amending this section to include a reference to CARB Executive Order, which list specific equipment to conduct this test for EVR systems. Section 604, Liquid Removal Rate, ARB staff recommends deleting reference to
TP

- 201.6 and adding TP

- 201.6C, Compliance Determination of Liquid Removal Rate and CARB Executive Order, as applicable. T he reason is that TP

- 201.6 is used for certification testing and does not include a simplified approach for determining compliance with the liquid removal rate.

Response 10. This comment has been incorporated into the proposed rule, by referencing

CARB Tes t Procedures listed in the CARB Executive Orders, as well as USEPA and District approved methods.

Subsequent to the public workshop and addressing the comments, staff prepared a public hearing notice for the hearing which will be held on January 14, 2015. The hearing notice was published
in the Davis Enterprise, V acaville Reporter

, & the Woodland Daily Democrat

. A copy of the public hearing notice and updated documents (proposed staff report and proposed rule language), were posted on the District’s web pa ge. The District did not receive any comments in response to
the notice.

VIII. REFERENCES

- Federal Register Notice

– Air Quality: Widespread use for Onboard Refueling Vapor Recovery and Stage II Waiver, 77 FR 28772, Published May 16, 2012.

- Benzene Airborne Toxic Control Measure (ATCM) for Retail Service Stations, Title 17, Cal. Code Regs., Section 93100, Adopted May 13, 1988.ATTACHMENT A

PROPOSED RULE 2.22 , GASOLINE DISPENSING FACILITES

STRIKE

- OUT UNDERLINE VERSIONYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 1 ( Final Draft December 30 , 2014) RULE 2

. 22
GASOLINE DISPENSING FACILITIES

ADOPTED February 27, 1974
REVISED January 22, 1975
REVISED January 11, 1995
REVISED June 12, 2002
REVISED January 14, 2014

INDEX

100 GENERAL

101 PURPOSE
102 APPLICABILITY
110 EXEMPTION
111 EXEMPTION

– FACILITY THROUGHPUT LESS THAN 24,000
GALLONS PER YEAR
112 EXEMPTION

– E85
113 EXEMPTION

– ONBOARD REFUELING VAPOR RECOVERY
114 EXEMPTION

– GASOLINE BULK PLANT
115 EXEMPTION

– PHASE I EVR
116 EXEMPTION

– PHASE II EVR

200 DEFINITIONS

201 ALTERED FACILITY
202 AS

- IS

- CONDITION
203 BACKFILLING
204 BELLOWS

- LESS NOZZLE
205 BREAKAWAY COUPLING
206 CARB CERTIFIED OR CERTIFIED BY CARB
207 CLEARLY AND PERMANENTLY MARKED
208 COAXIAL FILL TUBE
209 COAXIAL HOSE
210 DISPENSER
211 DRY BREAK OR POPPETED DRY BREAK
212 DUAL

- POINT DESIGN: E85
213 ENHANCED VAPOR RECOVERY (EVR)
214 FUELING POSITION
214 GASOLINE
215 GASOLINE
216 GASOLINE BULK PLANT
217 GASOLINE DISPENSING FACILITY
216 218 GASOLINE VAPORS : 217 219 IN

- STATION DIAGNOSTICS (ISD)
220 INSERTION INTERLOCK MECHANISM
218 221 LIQUID TIGHT
219 222 LIQUID REMOVAL DEVICEYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 2 ( Final Draft December 30 , 2014)

220 223 MAJOR DEFECT
221 224 MINOR DEFECT
222 225 MOTOR VEHICLE
223 226 OWNER/OPERATOR
224 227 ONBOARD REFUELING VAPOR RECOVERY (ORVR)
228 PHASE I
229 PHASE II
230 PRESSURE/VACUUM RELIEF VALVE
225 231 QUALIFIED MANUFACTURER
226 232 QUALIFIED REPAIR
227 233 REBUILD
228 234 RETAIL GASOLINE DISPENSING FACILITY
229 235 SPILL BOX
230 236 STANDING LOSS CONTROL
237 STORAGE TANK
238 SUBMERGED FILL TUBE
231 239 TRANSPORT VESSEL
232 240 TOPPING OFF
241 VAPOR CHECK VALVE
233 242 VAPOR RECOVERY SYSTEM
234 PHASE I
235 PHASE II
236 TOPPING OFF
237 243 VAPOR TIGHT

300 STANDARDS

301 OPERATING PRACTICES
302 CERTIFICATION REQUIREMENTS : 303 TOPPING OFF
304 GASOLINE TRANSFER INTO STORAGE TANKS (PHASE I)
305 GASOLINE DISPENSING INTO MOTOR VEHICLE FUEL TANKS (PHASE II)
306 SELF

- COMPLIANCE PROGRAM
307 DAILY MAINTENANCE INSPECTION PROTOCOL
308 PERIODIC INSPECTION PROTOCOL
309 SOURCE TESTING
310 PROHIBITION OF USE
311 POSTING OF OPERATING INSTRUCTIONS

400 ADMINISTRATIVE REQUIREMENTS

401 COMPLIANCE SCHEDULE
402 VIOLATIONS

500 MONITORING AND RECORDS

501 PREVENTATIVE MAINTENANCE PROGRAM
502 RECORD KEEPINGYolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 3 ( Final Draft December 30 , 2014) 600 TEST METHODS AND PROCEDURES

601 STATIC PRESSURE DECAY
602 DYNAMIC PRESSURE
603 AIR

- TO

- LIQUID RATIO
604 LIQUID REMOVAL RATE
605 STORAGE TANK MANIFOLD
606 VAPOR TIGHT CONDITIONYolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 4 ( Final Draft December 30 , 2014) 100 GENERAL

101 PURPOSE : The purpose of this rule is to limit displaced gasoline vapors from storage tanks, transport vessels, and motor vehicle fuel tanks using CARB certified Phase I and II vapor recovery systems.

102 APPLICABILITY : This rule applies to the transfer of gasoline from any transport vessel into any stationary storage tank, and dispensing from any stationary storage tank located at a gasoline dispe nsing facility into any motor
vehicle fuel tank.

110 EXEMPTION : The provisions of this rule shall not apply to:

110.1 Stationary storage tanks that are used exclusively for the fueling of implements of husbandry.

110.2 Dispensing systems of 250 gallons capacity or less.

110.3 Vehicle to vehicle refueling.

110.4 Facilities which exclusively refuel aircraft.

110.5 Facilities which exclusively refuel motor vehicle tanks with a capacity of 5 gallons or less.

111 EXEMPTION

– FACILITY THROUGHPUT LESS THAN 24,000 GALLONS PER YEAR : The provision s of Section 305 shall not apply to any existing facility with an aggregate facility a Permit to Operate throughput limit of less than or equal to 24,000 gallons of gasoline per year , provided the facility was in operation prior to January 11, 1995

.

112 EXEMPTION

– E85 : The provisions of Section 305 shall not apply to the dispensing of E85 into a vehicle fuel tank.

113 EXEMPTION

– ONBOARD REFUELING VAPOR RECOVERY : The provisions of Section 305 shall not apply to non

- retail gasoline dispen sing
facil ities where 95 % of the vehicles being refueled are equipped with onboard refueling vapor recovery (ORVR) systems.

114 EXEMPTION

– GASOLINE BULK PLANT : The provisions of this rule shall not apply to storage tanks subject to Rule 2.21 located at gasoline bulk plants.

115 EXEMP TIO N

– PHASE I EVR : The provisions of Section 304.1 shall not apply to any aboveground storage tank used at a gasoline dispensing facility that meets the following requirements:

115.1 Such aboveground storage tank is equipped with a Phase I vapor recovery system that meets all of the following requirements:Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 5 ( Final Draft December 30 , 2014)

a. The vapor recovery system was CARB certified to achieve a minimum vapor recovery efficiency of 95% by weight.
b. The vapor recovery system was CARB certified before June 1,
2001.

c. The aboveground storage tank was installed and in operation before July 1, 2010.

115.2 Such aboveground storage tank has a permitted throughput limit of less than or equal to 60,000 gallons per year , or is found by CARB and the District to be physically incompatible with all certified Phase I E VR systems.

116 EXEMPTION

– PHASE II EVR : T he provisions of Section 305.1 shall not apply to any dispensing unit used on any aboveground storage tank at a gasoline dispensing facility that meets the following requirements:

116.1 The dispensing unit is equipped with a Phase II vapor recovery system that meets all of the following requirements:

a. The vapor recovery system was CARB certified to recover or process displaced gasoline vapor by at least 95% by weight.
b. The vapor recovery system was CARB certified before June 1

, 2001.

200 DEFINITIONS

201 ALTERED FACILITY : A gasoline dispensing facility where:

201.1 The removal or addition of storage tank(s), or changes in the number of fueling positions; or

201.2 The replacement of storage tank(s), dispensing nozzle(s) or other equipment with different characteristics or descriptions from those specified on the existing Permit to Operate.

202 AS

- IS

- CONDITION : The unadjusted condition of any gasoline dispensing facility that exists on the day of the test, prior to conducting the test.

203 BACKFILLING: T he covering of the storage tank, piping or any associated components with soil, aggregate

, or other materials prior to laying the finished
surface.

204 BELLOWS

- LESS NOZZLE : Any nozzle that incorporates an aspirator or vacuum assist system and a gasoline vapor capture mechanism at the motor vehicle filler neck, such that the vapors are collected at the vehicle filler neck
without the need for a n interfacing flexible bellows.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 6 ( Final Draft December 30 , 2014) 205 BREAKAWAY COUPLING : A component attached to the coaxial hose, which allows the safe sepa ration of the hose from the dispenser or the hose from the
nozzle in the event of a forced removal such as in the case of a "driveoff."

206 CARB CERTIFIED OR CERTIFIED BY CARB : A Phase I or Phase II vapor recovery system, equipment, or any component thereof, f or which the California Air Resources Board (CARB) has evaluated its performance and issued a valid Executive Order pursuant to Health and Safety Code Section 41954. Each component of a system is a separate CARB certified item and cannot be replaced
with a non

- certified item or other items that are not certified for use with the particular system. Except for qualified repairs, a CARB certified component shall be as supplied by the qualified manufacturer. A rebuilt component shall not be
deemed as CARB certi fied unless the person who rebuilds the component is authorized by CARB to rebuild the designated CARB certified component.

207 CLEARLY AND PERMANENTLY MARKED : An identification of the manufacturer's name, model number, and other required information on a vapo r recovery system component that is legible, and the identification is either directly stamped on or attached to the component using methods or materials that would endure constant long term use.

208 COAXIAL FILL TUBE : A submerged fill tube that contains two p assages, one within the other. The center passage transfers gasoline liquid to the storage tank and the outer passage carries the gasoline vapors to the transport vessel.

209 COAXIAL HOSE : A hose that contains two passages one, within the other. One of the pas sages dispenses the liquid gasoline into the vehicle fuel tank while the other passage carries the displaced gasoline vapors from the vehicle fuel tank to the storage tank.

210 DISPENSER : A gasoline dispensing unit used for housing the above ground gasoline an d vapor recovery piping, the gasoline meters, and hanger for the gasoline

- dispensing nozzles when they are not in use.

211 DRY BREAK OR POPPETED DRY BREAK : A Phase I vapor recovery component that opens only by connection to a mating device to ensure that no

ga soline vapors escape from the underground storage tank before the vapor return
line is connected and sealed.

212 DUAL

- POINT DESIGN: A type of Phase I vapor recovery system that delivers gasoline liquid into storage tanks and recovers the displaced vapors through two separate openings in the tank.

212 E85 : Any alternative vehicle fuel with a nominal 85 percent ethanol composition, having a Reid vapor pressure of 4.0 pounds per square inch or greater and meeting the specifications of Title 13, California Code of Regulations, Section
2292.4.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 7 ( Final Draft December 30 , 2014) 213 ENHANCED VAPOR RECOVERY (EVR) : P erformance standards and specific ations set forth in the CARB CP

- 201 ( Certification Procedure for Vapor Recovery Systems at gasoline dispensing f acilities) Sections 3 through 9 or in
CARB CP

- 206 ( Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities Using Aboveground Storage Tanks ) Sections 3 t hrough 10

.

213 214 FUELING POSITION : A fuel dispensing unit consisting of nozzle(s) and meter(s) with the capability to deliver only one fuel product at one time.

214 215 GASOLINE : Any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 4.0 pounds per square inch or greater, determined
in accordance with ASTM Test Method D

- 323

- 99a, and used as a motor vehicle
fuel

, or any fuel which is commonly or commercially known or sold as gasoline.

216 GASOLINE BULK PLANT : Any gasoline loading facili ty where primary delivery of gasoline to a storage tank is other than by pipeline.

215 217 GASOLINE DISPENSING FACILITY : Any stationary facility that which
receives gasoline from transport vessels and dispenses gasoline directly into the
fuel tanks of motor vehicle s. This facility shall be treated as a single source which includes all necessary equipment for the exclusive use of the facility, such as nozzles, dispensers, pumps, vapor return lines, plumbing, and storage tanks.

216 218 GASOLINE VAPORS : The organic compounds i n vapor form displaced during gasoline transfer and dispensing operations, and includes entrained liquid gasoline.

219 IN

- STATION DIAGNOSTICS (ISD) : CARB certified equipment that provides
continuous real

- time monitoring of critical emission related vapor recov ery system parameters and components, and alerts the station operator when a failure
mode is detected so that corrective action is taken.

217 220 INSERTION INTERLOCK MECHANISM : Any CARB certified mechanism that ensures a tight fit at the nozzle fill pipe interface and prohibits the dispensing of gasoline unless the bellows is compressed.

218 221 LIQUID TIGHT : A liquid leak rate of no more than 3 drops per minute.

219 222 LIQUID REMOVAL DEVICE : A device designed specifically to remove trapped liquid from the vapor return portion of a coaxial hose.

220 223 MAJOR DEFECT : A defect in the vapor recovery system or its component, as listed in California Code of Regulations, Title 17, Part III, Chapter 1, Subchapter 8, Section 94006.

221 224 MINOR DEFECT : A defect in any gasoline dispensing equipment, whi ch renders the equipment out of good working order but which does not constitute a major defect.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 8 ( Final Draft December 30 , 2014) 222 225 MOTOR VEHICLE : Any self

- propelled vehicle as defined in Section 415 of the
California Vehicle Code.

223 226 OWNER/OPERATOR : Any person who owns, leases, or operates a gasoline dispensing facility.

227 ONBOARD REFUELING VAPOR RECOVERY (ORVR) : A vehicle

- based vapor recovery system required by Title 13, California Code of Regulations, Section 1978, or Title 40, Code of Federal Regulations, Part 86.

228 PHASE I : A gasoline vapor re covery system or equipment that recovers the vapors generated during the transfer of gasoline from transport vessels into storage tanks.

229 PHASE II : A gasoline vapor recovery system or equipment that recovers the vapors generated during the fueling from stor age tanks. A Phase II vapor recovery system may be one of the following:

229.1 A balance system, which operates on the principle of vapor displacement;

229.2 A vacuum

- assist system, which uses a mechanical vacuum

- producing device to create a vacuum, or

229.3 An aspirator

- a ssist system, which uses an aspirator or eductor to create a vacuum during gasoline dispensing to capture gasoline vapors.

224 230 PRESSURE/VACUUM RELIEF VALVE : A valve that is installed on the vent pipes of the gasoline storage tank to relieve pressure or vacuum build

- up at preset values of pressure or vacuum within the tank.

225 231 QUALIFIED MANUFACTURER : The original equipment manufacturer of the CARB certified vapor recovery system or component, or a rebuilder who is authorized by CARB to rebuild the designated CARB c ertified component.

226 232 QUALIFIED REPAIR : A repair or maintenance of the gasoline dispensing equipment or vapor recovery system component that would restore the function or performance of such equipment/component following the qualified manufacturer's
instruct ions and using only the applicable CARB certified parts supplied by the qualified manufacturer. Unless otherwise authorized by CARB, a repair or maintenance shall not be considered a qualified repair if the action changes the size, shape

, or materials of c onstruction of any gasoline vapor passage, or if it may otherwise obstruct, hinder, or reduce the recovery of gasoline vapors during operation.

227 233 REBUILD : An action that repairs, replaces, or reconstructs any part of a component of a vapor recovery system th at forms the gasoline vapor passage of the component, or that comes in contact with the recovered gasoline vapors in the component. Rebuild does not include the replacement of a complete componentYolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 9 ( Final Draft December 30 , 2014)

with another CARB certified complete component; nor does it include the replacement of a spout, bellows, or vapor guard of a CARB certified nozzle. The new part shall be CARB certified and as supplied by the qualified manufacturer specifically for the CARB certified nozzle.

228 234 RETAIL GASOLINE DISPENSING FACILITY : Any gasoline dispensing facility subject to the payment of California sales tax for the sale of gasoline to the public.

229 235 SPILL BOX : An enclosed container around a Phase I fill pipe that is designed to collect gasoline spillage resulting from disconnection betw een the liquid gasoline delivery hose and the fill pipe.

236 STANDING LOSS CONTROL : A system designed to control vapors from aboveground storage tanks when no Phase I or Phase II gasoline transfers are occurring, and meets the p erformance standards and specif ic ations set forth in the
CARB CP

- 206 ( Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities Using Aboveground Storage Tanks ) Section 3.

237 STORAGE TANK : Any container designed and equipped for storage of an organic liquid.

230 238 SUBMERGED FILL TUBE : Any storage tank fill tube with the highest level of the discharge opening entirely submerged, when the liquid level above the bottom
of the tank is:
230.1 238.1 6 inches, for tanks filled from the top; or
230.2 238.2 18 inches for tanks filled from the side.

231 239 TRANSPORT VESSEL : Any cargo tank , tank truck, trailer, or railroad tank car
that is designed and equipped to receive and transport organic liquid.

232 VAPOR CHECK VALVE: A valve that opens and closes the vapor passage to the storage tank to prevent gasoline v apors from escaping when the nozzle is not
in use.

233 VAPOR RECOVERY SYSTEM: A system installed at a gasoline dispensing facility for collection and recovery of gasoline vapors displaced or emitted from the storage tanks (Phase I) and during refueling of moto r vehicle fuel tanks (Phase II). A Phase II vapor recovery system may be a balance system, which operates on the principle of vapor displacement, a vacuum

- assist system, which uses a
mechanical vacuum

- producing device to create a vacuum, or an aspirator

- as sist system, which uses an aspirator or eductor to create a vacuum during gasoline dispensing to capture gasoline vapors.

234 PHASE I: A gasoline vapor recovery system or equipment that recovers the vapors generated during the transfer of gasoline from transpo rt vessels into storage tanks.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 10 ( Final Draft December 30 , 2014) 235 PHASE II: A gasoline vapor recovery system or equipment that recovers the vapors generated during the fueling from storage tanks.

236 240 TOPPING OFF : To attempt to dispense gasoline to a motor vehicle or utility equipment fuel tank after the vapor recovery dispensing nozzle primary shutoff mechanism has engaged. The filling of those vehicle tanks

, which, because of the nature and configuration of the fill pipe, causes premature shut off of the dispensing nozzle, and which are filled only after the seal between the fill pipe and the nozzle is broken, shall not be considered topping off.

241 VAPOR CHECK VALVE : A valve that opens and closes the vapor passage to the storage tank to prevent gasoline vapors from escaping when the nozzle is not
in use.

242 VAPOR RECOVERY SYSTEM : A system installed at a gasoline dispensing facility for collection and recovery of gasoline vapors displaced or emitted from the storage tanks (Phase I) and during refueling of motor vehicle fuel tanks (Phase II).

237 243 VAPOR TIG HT : A vapor leak of less than 10,000 ppm hydrocarbon concentration, as determined by EPA Reference Method 21, using an appropriate analyzer calibrated with methane.

300 STANDARD S

301 OPERATING PRACTICES : A person shall not store gasoline in open container(s) of an y size or handle gasoline in any manner (spillage, spraying, etc.) that allows gasoline liquid or gasoline vapors to enter the atmosphere, contaminate the ground, or the public sewer system.

302 CERTIFICATION REQUIREMENTS : A person shall not offer for sale, se ll

, or install within the District any Phase II vapor recovery equipment unless such equipment is CARB certified. In addition, all new or rebuilt vapor recovery equipment shall be clearly identified or marked by the certified manufacturing company and/or t he certified rebuilding company.

303 TOPPING OFF : A person shall not top off motor vehicle fuel tanks.

304 GASOLINE TRANSFER INTO STORAGE TANKS (PHASE I) : A person shall not transfer, allow the transfer or provide equipment for the transfer of gasoline from any transport vessel into any storage tank with a capacity of 251 gallons or more unless all of the following conditions are met:

304.1 Such storage tank is eq uipped with a CARB certified Phase I enhanced vapor recovery system that recovers or processes displaced gasoline vapors by at least 95% by weight, or having a minimum volumetric efficiency of 98% and an emission factor not exceeding 0.15 pounds per 1,000 gallons, as applicable

.Yolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 11 ( Final Draft December 30 , 2014)

304.2 The vapor recovery system shall be maintained and operated according to the manufacturer's specifications and as per the most recent applicable
CARB Executive Orders.

304.3 All vapor return lines are connected between the transport vessel and the storage tank while gasoline is transferred, and all associated hoses, fittings, and couplings are maintained in a liquid tight and vapor tight
condition.

304.4 Such storage tank is equipped with a CARB certified submerged fill tube.

304.5 The fill tube shall be maintained liquid tight, vapor tight, and free of air ingestion. A fill tube that is free of air ingestion is determined by observing the gasoline stream as clear and free of air bubbles through the sight windows on the fill tube, except during the init ial and final 60 seconds of gasoline transfer.

304.6 The following equipment shall be installed, operated and maintained as specified below:

a. All fill tubes are equipped with vapor tight caps;
b. All dry breaks are equipped with vapor tight seals and vapor tight

cap s;

c. All CARB certified coaxial fill tubes are spring

- loaded and operated so that the vapor passage from the storage tank back to the transport vessel is not obstructed;
d. The fill tube assembly, including fill tube, fittings and gaskets, is maintained to prev ent vapor leakage from any portion of the vapor recovery system;

e. All storage tank vapor return lines without dry breaks are equipped with vapor tight caps;
f. Each vapor tight cap is in a closed position except when the fill tube or dry break it serves is act ively in use; and

g. Each gasoline delivery elbow is equipped with sight windows.

304.7 Any time an underground storage tank is installed or replaced at any gasoline dispensing facility, a CARB certified spill box shall be installed. The spill box shall be maintain ed free of standing liquid, debris

, and other foreign matters, matter and equipped with a n integral drain valve or any other devices that are CARB certified by CARB to return device that

return s spilled gasoline to the underground storage tank. The drain valve shall be maintained closed and free of vapor emissions at all times except when the valve is actively in use.

304.8 Except when otherwise specified in the most recent applicable CARB
Executive Or ders, the Phase I vapor recovery system shall be of dual

- point design and equipped with CARB certified poppetted dry breaks or spring

loaded vapor check valves on the vapor return coupler.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 12 ( Final Draft December 30 , 2014)

304.9 304.8 The hatch on any transport vessel shall be equipped and operated
wi th a vapor tight cover during gasoline transfer and pumping. The hatch shall not be opened except for v isual inspection, which may be performed after at least 3 minutes following the completion of the gasoline transfer or pumping. Except otherwise specifi ed by CARB, visual inspection shall be completed in 3 minutes or less.

304.10 304.9 Effective January 1, 1996, all All open pipe vents on stationary tanks at gasoline dispensing facilities shall be equipped with a pressure

vacuum relief valve. Unless otherwise specified in the most recent applicable CARB Executive Orders, the pressure relief for an underground storage tank shall be set for pressure relief at 3 ± 0.5 inches water column and vacuum relief at 8 ± 0.5 inches water column. For the purpose of this section, ven t pipes of storage tanks may be manifolded according to the most recent applicable CARB Executive Order.

304.11 Each aboveground storage tank shall be equipped with a pressure

- vacuum relief value according to the most recent applicable CARB Executive
Orders.

304.10 The vent pipe opening on underground tanks shall be at least 12 feet above the driveway level used for transport vessel filling surface grade

.

304.12 304.11 Such aboveground storage tank is equipped with CARB Certified Standing Loss Control

.

305 GASOLINE DISPENSING INTO MOTOR VE HICLE FUEL TANKS (PHASE II) : A person shall not dispense or allow the dispensing or provide equipment for the dispensing of gasoline to a motor vehicle fuel tank with a capacity of greater than 5 gallons from a gasoline dispensing system unless all of
the following requirements are met.

305.1 The transfer is made with a dispensing unit that is equipped with a CARB
certified Phase II vapor recovery system to recover or process displaced gasoline vapors at an efficiency of at least 95% by weight, or having an
emiss ion factor not exceeding 0.38 pounds per 1,000 gallons of gasoline dispensed, as applicable enhanced vapor recovery system

.

305.2 The vapor recovery system and associated components shall be operated
and maintained in a manner in accordance with the manufacturer' s specifications and as per the most recent applicable CARB Executive
Orders.

305.3 The vapor recovery system and associated components shall be operated and maintained free of major defects and in a vapor and liquid tight
condition at all times.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 13 ( Final Draft December 30 , 2014)

305.4 Whe re District personnel determines determine that any vapor recovery component contains a minor defect, District personnel shall provide the owner/operator with a notice of correction specifying the basis on which the component is deemed defective. The owner/ operator shall repair or replace such component and provide the District with adequate evidence that the component is in good working order within 7 days of receiving the notice. Furthermore, if the APCO makes a determination that any vapor

recovery compon ent may not be in compliance with any provision of this rule, the APCO may require the owner/operator to conduct and successfully pass an applicable test in accordance with the test methods and procedures specified in Section 600 to verify compliance.

305.5 Each balance

- system nozzle shall be equipped with a CARB certified insertion interlock mechanism and a CARB certified vapor check valve.

305.6 All balance

- system nozzle boots shall be replaced at least once per year and tested to verify compliance with the vapor pat h leak requirements and a record made in the maintenance log prior to continued operation.

305.7 Each gasoline

- dispensing nozzle shall be equipped with a CARB certified
coaxial hose.

305.8 Unless otherwise specified in the most recent applicable CARB Executive Orders, all liquid removal devices installed for any gasoline

- dispensing nozzle with a dispensing rate of greater than 5 gallons per minute shall be CARB certified with a minimum liquid removal rate of 5 milliliters per gallon dispensed.

305.9 Each breakaway coupling s hall be CARB certified and shall be equipped with a poppet valve. The poppet valve shall close and maintain both the gasoline vapor and liquid lines vapor tight and liquid tight when the coupling is separated.
305.10 305.5 In the event of a separation of a hose from th e dispenser or a hose from the nozzle (i.e., "driveoff"), the owner/operator shall complete one of the following and document the repair activities as specified in Section
502:

a. Conduct a visual inspection of the affected equipment and perform qualified rep airs on any damaged components before placing
the any affected equipment back in service. In addition, the affected equipment shall be tested in accordance to applicable reverification

tests test methods as specified in Section 309.1 shall be
conducted the ap plicable CARB Executive Orders and the corresponding CARB approved Installation, Operation and
Maintenance manual and successfully passed within 24 hours
afterprior to the affected equipment is placed back in service, dispensing gasoline into any vehicle; o rYolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 14 ( Final Draft December 30 , 2014)

b. Conduct a visual inspection of the affected equipment and replace the affected nozzles, coaxial hoses, breakaway couplings, and any other damaged components with new or certified rebuilt

com ponents that are CARB certified

, before placing any affected

equ ipped back in service.

The owner/operator shall notify the District within 24 hours of completing the requirements specified in Sections 305.10.a or 305.10.b

.

305.11 305.6 The owner/operator shall have all storage tank
installation installation s and the associated piping configuration inspected by District personnel prior to backfilling

, to verify that all underground equipment is properly installed in accordance with the requirements specified in the most recent applicable CARB Executive Orders. The owner/operator shall notify the District at least 3 days prior to the backfilling.

305.7 An owner/operator subject to Phase II enhanced vapor recovery under
Section 305.1 shall install and maintain an in

- station diagnostics system in
accordance with and to the extent required by the most recent a pplicable
CARB Executive Orders.

306 SELF

- COMPLIANCE PROGRAM :

306.1 The owner/operator of any retail gasoline dispensing facility (GDF) shall implement a self

- compliance program as follows:

a. Inspection and maintenance procedure s shall be conducted daily in accordance with the p rotocol specified in Section 307 and CARB Executive Orders, as applicable, to ensure proper operating conditions of all components of the vapor recovery systems.
b. Inspections Inspection procedures shall be c onducted at least once every 12 months in accordance with the protocol s pecified in
Section 308 and CARB Executive Orders, as applicable, to verify the compliance with all applicable District rules and regulations, as well as all permit conditions.

306.2 The owner/operator of any non

- retail (GDF) shall implement a self

compliance program as follows:

a. Inspection and maintenance procedures shall be conducted at least once every 3 months in accordance with the protocol specified in
Section 307 and CARB Executive O rders, as applicable, to ensure proper operating conditions of all components of the vapor recovery systems. b. Inspection procedures shall be conducted at least once every 12 months in accordance with the protocol specified in Section 308
and CARB Executive Orders, as applicable, to verify theYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 15 ( Final Draft December 30 , 2014) compliance with all applicable District rules and regulations, as well as all permit conditions.

306.2 The owner/operator of any non

- retail (GDF) shall implement a self

compliance program as follows:

a. Inspection and maintenance procedures shall be conducted at least once every 3 months in accordance with the protocol specified in Section 307 to ensure proper operating conditions of all components of the vapor recovery systems.
b. Inspections procedures shall be conducte d at least once every 12 months in accordance with the protocol specified in Section 308 to verify the compliance with all applicable District rules and regulations, as well as all permit conditions.

307 DAILY MAINTENANCE INSPECTION PROTOCOL : The owner/operato r of a retail gasoline dispensing facility shall at minimum verify the following and
record the results in the District

- approved report format during the daily maintenance inspection:

307.1 Phase I Vapor Recovery System

a. The spill container is clean and does not contain gasoline.
b. The fill caps are not missing, damaged

, or loose.

c. If applicable: (i) the spring

- loaded submerged fill tube seals properly against the coaxial fitting; (ii) the dry break (poppet valve) is not missing or damaged.
d. The submerged fill tube is not miss ing or damaged.

307.2 Phase II Vapor Recovery System

a. The fueling instructions are clearly displayed.
b. The hoses are not torn, flattened

, or crimped.

c. The vapor recovery hoses are the required size and length.
d. The hoses with retractors are adjusted to maintain a pr oper loop, and the bottom of the loop is within the distance from the island surface certified by the most recent applicable CARB Executive Orders for that particular dispensing configuration.

e. The following nozzle components are in place and in good
condit ion, as specified in the most recent applicable CARB
Executive Orders: (i) bellows (ii) latching device spring (iii) vapor check valve (iv) spout (proper diameter/vapor collection holes ) (v) insertion interlock mechanism (vi) automatic shut

- off mechanism (vii) hold open latchYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 16 ( Final Draft December 30 , 2014) (viii) face plate/face cone, vapor splash guard, fill guard, efficiency compliance device.
f. For vacuum

- assist systems, the vapor processing unit and burner are functioning properly.

307.3 In

- Station Diagnostics:

a. System statu s, including any system alarms.
b. In the event of an ISD fuel system shut

- down alarm, the owner/operator shall not reset the ISD system to allow gasoline dispensing, unless: (i) All required repairs to correct the ISD alarm have been completed. (ii) The dispenser(s) associated with the ISD alarm is isolated,
removed from service, and not operated until all required repairs to correct the ISD alarm have been completed.

307.3 307.4 Any equipment not meeting the requirements specified above

, or any equipment with major defect(s) which are identified during the inspection procedures

, shall be isolated, removed from service, repaired, brought into compliance, and duly entered into the repair logs in accordance with the requirements specified in Section 502 before being returned to service. Major defect(s) discovered during self inspec tion and that are repaired shall not constitute a violation of District Rule 2.22.

308 PERIODIC INSPECTION PROTOCOL : The owner/operator of a retail gasoline dispensing facility shall at minimum verify the following and record the
results in the District

- approv ed report format during the periodic compliance inspections:

308.1 General Inspection

a. The District permit is current.
b. The equipment and District Permit to Operate description match.

c. The facility complies with all permit conditions.
d. The required sign is properly posted and the sign contains all the necessary information.

308.2 Phase I Vapor Recovery System Inspection

a. The distance between the highest level of the discharge opening of the submerged fill tube and the bottom of the storag e tank does not
exceed 6 inches.
b. The Phase I vapor recovery system complies with required CARB
certification and is properly installed.

c. The spill box complies with required CARB certification and is properly installed.
d. The vent pipes are equipped with the required pressure/vacuum
relief v alves.Yolo

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Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 17 ( Final Draft December 30 , 2014)

308.3 Phase II Vapor Recovery System Inspection

a. Each nozzle is the cu rrent CARB certified model.
b. Each nozzle is installed in accordance with the most recent applicable CARB Executive Orders.

c. The bellows

- equipped vapor recovery nozzles are equipped with
CA RB certified insertion interlock mechanisms.
d. If required, the flow limiter is not missing and is installed properly.

e. The swivels are not missing, defective, or leaking, and the dispenser

- end swivels, if applicable, are Fire

- Marshall approved
with 90

- degree stops. f. If required, the liquid removal devices comply with required
CARB certificat ions and are properly installed.

g. For bellows

- less nozzles, the hoses are inverted coaxial type except for Hirt systems, and the vapor colle ction holes are not obstructed.
h. F or aspirator

- assist systems, the major components ( i.e., aspirator or jet pump, modulating valve, and vapor check valve) are present inside each dispenser. For aspirator

- assist systems with
certification

- required calibration stickers, the current calibration sticker is present.

309 SOURCE TESTING :

308.4 309.1 Within 45 calendar days of the initial operation of a new or altered gasoline dispensing facility, the owner/operator shall conduct and successfully pass the source tests required by the applicable District Authority to Construct permits and the most recent applicable CARB Executive Orders, in accordance with the test methods and procedures as specified in Section 600 , and any additional tests required by the applicable CARB Executive Orders including the cor responding CARB approved Installation, Operation and Maintenance Manual and District Permits, to verify the proper installation and operation of Phase I and
Phase II vapor recovery systems.

308.5 The owner/operator shall conduct and successfully pass the applica ble
reverification tests using the most recent applicable CARB Executive Orders, in accordance with the test methods and procedures as specified in
Section 600 to verify , and any additional tests required by the applicable CARB Executive Orders including the corresponding CARB approved Installation, Operation and Maintenance Manual and District Permits, to verify the proper operation of the vapor recovery systems. proper operation of the vapor recovery system as follows:

a. Static pressure test (Phase I and I I systems ).
b. Air

- to

- liquid ratio test for facilities with bellows

- less nozzles.

c. Dynamic pressure test for all gasoline dispensing facilities.
d. Liquid removal test for systems with a liquid removal device required by the most recent applicable CARB Executive Orders

.Yolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 18 ( Final Draft December 30 , 2014)

308.6 309.2 The owner/operator of a gasoline dispensing facility with a Permit to Operate throughput limit of 4,000,000 gallons per year or greater shall complete the reverification test initially no later than December 12, 2002,
and semiannually thereafter

. Each semiannual test shall be completed within 6 months of the previous successful test. No adjustments to the gasoline dispensing facility shall be made the day of the test and the test
shall be conducted in an as

- is

- condition. Once non

- compliance with a performance standard has been determined and documented, the facility may make the ne cessary adjustments to bring the facility back into compliance.

308.7 309.3 The owner/operator of a gasoline dispensing facility with a Permit to Operate throughput limit less than 4,000,000 gallons per year shall complete the reverification test initially no later than June 12, 2003, and annually thereafter. annually

. Each annual test shall be completed within 12 months of the previous successful test. No adjustments to the gasoline dispensing facility shall be made the day of the test and the test shall be

co nducted in an as

- is

- condition. Once non

- compliance with a performance standard has been determined and documented, the facility may make the

necessary adjustments to bring the facility back into compliance.

308.8 309.4 A person who conducts performance or reverification tests shall comply with all of the following:

a. Conduct tests in accordance with the applicable test methods specified in Section 600 and other CARB testing procedures. Tests shall be conducted using calibrated equipment meeting the calibration range and calibration intervals specified by the
manufacturer.
b. Provide notification to the District at least 3 days prior to testing except for reverification t ests conducted after a driveoff, provided that the person conducting the tests complies with all other applicable provisions of the rule.

c. Conduct the tests any time Monday through Friday from 9:00 a.m. through 4:00 p.m.
d. Submit a copy of the test report in District

- approved format to the
APCO within 48 hours 30 days after each test is conducted. The test report shall include all the required records of tests, test data, a statement whether the system or component tested meets or fails to meet the required sta ndards, and the name and signature of the person responsible for conducting the tests.

308.9 309.5 Notwithstanding Section 309. 4 5 .b, the owner/operator that has failed a reverification test or portions thereof may retest the facility prior to resuming operation provid ed that the person conducting the tests has complied with one of the following:

a. Notify the District at least 12 hours prior to retesting; orYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 19 ( Final Draft December 30 , 2014)

b. When all necessary repairs are performed during the same day the facility has failed

, the owner/operator may retes t the facility on the same day without re

- notification, provided that the reasons for the test failure and any repairs performed are properly documented in
the test reports and the repair logs pursuant to Sections 502.2 and
502.3.

308.10 309.6 The owner/operator shall not operate or resume operation of a gasoline dispensing facility, unless the facility has successfully passed the applicable performance or reverification tests. Notwithstanding the above, when a dispenser associated with any equipment that has failed a reverification test is isolated and shut down, the owner/operator may continue operation or resume operation of the remaining equipment at the facility, provided that test results demonstrate that the remaining equipment is in good operating condition. All test results and the method of isolating the defective equipment shall be documented in the test reports to be submitted to the APCO pursuant Section 502.3.

309 310 PROHIBITION OF USE : Whenever the Air Pollution Control Officer determines that a Phase II vapor re covery system, or any component thereof, contains a defect specified by the California Air Resources Board pursuant to Section 41960.2(c) of the California Health and Safety Code, the Air Pollution Control Officer shall mark such a system or component “Out of Order.” No person shall use or permit the use of such marked component or system until it has been repaired, replaced, or adjusted, as necessary, and the APCO has reinspected it or has authorized its use pending reinspection.

310 311 POSTING OF OPERATING INSTR UCTIONS : The owner/operator of each retail gasoline dispensing facility utilizing a Phase II system shall conspicuously post operating instructions for the system in the gasoline dispensing area. The instructions shall clearly describe how to fuel motor ve hicles correctly with vapor recovery nozzles, and shall include a warning that topping off may result in spillage or recirculation of gasoline and is prohibited. Additionally the
instructions shall include prominent display of the Yolo

- Solano Air Quality Management District's or the California Air Resources Board's toll free telephone number for complaints. A dispenser that is never used to fuel motor vehicles shall have a sign posted on it restricting its use for motor vehicles. All required signs
shall c onform to the following:

310.1 311.1 Each decal sign shall be visible from all fueling positions it serves
that shall be readable from a distance of at least 3 feet.

310.2 311.2 Each pump toppers shall be equipped with one double

- back sign per island; each dispenser shall be equi pped with two permanent (non

decal) signs, two single

- sided or one double

- sided sign(s); and all signs
shall be readable from a distance of at least 6 feet.Yolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 20 ( Final Draft December 30 , 2014) 400 ADMINISTRATIVE REQUIREMENTS

401 COMPLIANCE SCHEDULE : The owner/operator of any gasoline dispensing facility shall comply with the applicable provisions of this rule in accordance with the following schedule:

401.1 If required, by December 12, 2002, submit an application for Authority to Construct to the Air Pollution Control Officer and by December 12, 2003, be in final compliance with this rule.

402 401 VIOLATIONS : Any equipment subject to the provisions of this rule that fails to meet the requirements contained in Section 305 shall be tagged "Out of Order."
Such failures shall constitute a violation of this rule. Ex cept during repair activity, the "Out of Order" tag shall not be removed and the tagged equipment shall not be used, permitted to be used, or provided for use unless all of the following
conditions are met:

402.1 401.1 The tagged equipment has been repaired, replaced, or adjusted, as

necessary;

402.2 401.2 The District has been notified of the repairs by completing and signing the form supplied by the District; and

402.3 401.3 The tagged equipment has be reinspected and/or authorized for use by the APCO.

Failure of any of the test methods specified in Section 600 shall constitute a

violation of this rule.

500 MONITORING AND RECORDS

501 PREVENTATIVE MAINTENANCE PROGRAM : No later than September 12, 2002, the T he owner/operator of each gasoline dispensing facility shall implement a maintenance program and document the program in a preventative maintenance (PM) manual for the Phase II vapor recovery system. The PM manual shall be kept at the facility and made available to any person who operates, inspects, maintains, repairs, or tests any part of the vap or recovery system. The PM manual shall be made available to District personnel upon request. The PM manual shall contain detailed instructions to assure proper operation and maintenance of the vapor recovery system and its components. The
PM manual shall include the following current information:

501.1 A copy of all applicable CARB Executive Orders, Approval Letters, and
valid District Permits.

501.2 A copy of the manufacturer's specifications and instructions for installation, operation, repair and maintenance requir ed pursuant to CARB
Certification Procedure CP

- 201, Certification Procedure for VaporYolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 21 ( Final Draft December 30 , 2014)

Recovery Systems at Gasoline Dispensing Facilities, and any additional instructions provided by the manufacturer.

501.3 System and/or component testing requirements, including test schedules and passing criteria for each of the standard tests specified in Section 600. The owner/operator may include any non

- CARB required diagnostic and other tests as part of t he testing requirements.

501.4 Additional O&M instructions, if any, that are designed to ensure compliance with the applicable rules, regulations, CARB Executive Orders and District Permit to Operate conditions, including replacement schedules for failure or wear prone components.

502 RECORD KEEPING : A person who performs self

- complian ce inspections, repairs or testing at any gasoline dispensing facility, including, but not limited to, the activities for normal operation and maintenance, performance testing, reverification testing and those following a “drive

- off”, shall provide to the owner/operator all records listed below, as applicable, at the end of each day when the service is provided. The owner/operator shall maintain all records listed below on site and any other test results or maintenance records that are required to
demonstra te compliance for a period of at least 2 years. Records for non

- retail gasoline dispensing facilities that are unmanned may be kept off site provided that the records are made available to District personnel within 72 hours. All records required by this se ction shall be made available to the District personnel upon request both on site during inspections and offsite as specified.

502.1 Records of all defective components identified or repaired during self

compliance inspections.

502.2 Repair logs shall include at a min imum:

a. Date and time of repair.
b. The name of the person(s) who performed the repair, and if applicable, the name, address and phone number of the person’s employer.

c. Description of service performed.
d. Each component that was repaired, serviced, or removed, inc luding the required component identification information.

e. Each component that was installed as replacement, if applicable, including the required component identification information.
f. Receipts for parts used in the repair and, if applicable, work orders,

w hich shall include the name and signature of the person responsible for performing the repairs.

502.3 Records of tests, which shall include:

a. Date and time of each test.
b. Name, affiliation, address and phone number of the person(s) who performed the test.Yolo

- Solano AQMD

Revised June 12, 2002 January 14 , 2015 Reg. II, Rule, 2.22, Page 22 ( Final Draft December 30 , 2014)

c. Test dat a and calibration data for all equipment used.
d. Date and time each test is completed and the facility owner/operator is notified of the results. For a test that fails, a description of the reasons for the test failure shall also be included.

e. For a retest following a failed performance or reverification test,
de scription of repairs performed.
f. Copies of the test reports in District

- approved format.

502.4 Records of all ISD system alarms and associated repairs.

600 TEST METHODS AND PROCEDURES

601 STATIC PRESSURE DECAY : The static pressure performance tests of a Phase I or Phase II vapor recovery system for underground and above ground tanks shall
be determined in accordance with CARB Test Procedure TP

- 201.3 and TP

201.3B, as applicable

.

602 DYNAMIC PRESSURE : The dynamic pre ssure performance of a Phase II vapor recovery system shall be determined in accordance with CARB Test Procedure
TP

- 201.4.

603 AIR

- TO

- LIQUID RATIO : The air

- to

- liquid volume ratio of a Phase II vapor recovery system shall be determined in accordance with CARB T est Procedure
TP

- 201.5.

604 LIQUID REMOVAL RATE : The liquid removal rate of a Phase II vapor recovery system shall be determined in accordance with CARB Test Procedure
TP

- 201.6.

605 STORAGE TANK MANIFOLD : The manifold of the underground storage
tanks shall meet CA RB tank tie tests requirements in accordance with CARB
Test Procedure TP

- 201.3C.

606 VAPOR TIGHT CONDITION : The vapor tight condition shall be determined in accordance with EPA Method 21, using a portable hydrocarbon analyzer
calibrated with methane

.
All requ ired tests shall be conducted in accordance with the most recently CARB approved version of CARB test methods or as stated in the applicable CARB Executive Orders including the corresponding Installation, Operation and Maintenance Manual test procedures or any other test methods approved in writing by the USEPA, CARB, or the

District.ATTACHMENT B

NOTICE OF EXEMPTION FROM CEQA GUIDELINESNotice of Exemption

To: □ Office of Planning and Research

1400 Tenth Street, Room 121 Sacramento, CA 95814

■ County Clerk County of Yolo 625 Court Street, Room 105 Woodland, CA 95695 □ County Clerk Solano County
600 Texas Street Fairfield, CA 94533

From: Yolo Solano Air Quality Management District

1947 Galileo Court, Suite 103 Davis, CA 95616

Project Title: Revision of Rule 2.22

– GA SOLINE DISPENSING FACILITES

Project Location: Yolo Solano Air Quality Management District

Project Description The District is proposing to amend Rule 2.22

– GA SOLINE

DISPENSING FACILITES

. The District is proposing to exempt specified

non

- retail facilities with captive fleets from Phase II requirements; exempt E85 fueling facilities from Phase II requirements, exempt aboveground tanks that meet specific requirements from Enhanced Vapor Recovery requirements, and perform general rule cle an

- up.

Name of Public Agency Approving Project: Yolo Solano Air Quality Management District

Name of Person or Agency Carrying Out Project: Yolo Solano Air Quality Management District

Exempt Status:

□ Ministerial

□ Emergency Project

■ Categorical Exemption (CEQA Guidelines Section 15308, Action by Regulatory Agency for Protection of the Environment)

□ Statutory Exemption

Reason why project is exempt: The revision of Rule 2. 22 is an action taken to maintain and protect the environment and is therefore exempt from CEQA because it constitutes a Class 8 categorical exemption pursuant to CEQA Guidelines 15308.

Lead Agency Contact Person Mat Ehrhardt, Air Pollution Control Officer Telephone Number (530) 757

- 3650

Signature: Date: Title:Notice of Exemption

To: □ Office of Planning and Research

1400 Tenth Street, Room 121 Sacramento, CA 95814

□ County Clerk County of Yolo 625 Court Street, Room 105 Woodland, CA 95695 ■ County Clerk Solano County
600 Texas Street Fairfield, CA 94533

From: Yolo Solano Air Quality Management District

1947 Galileo Court, Suite 103 Davis, CA 95616

Project Title: Revision of Rule 2.22

– GA SOLINE DISPENSING FACILITES

Project Location: Yolo Solano Air Quality Management District

Project Description The District is proposing to amend Rule 2.22

– GA SOLINE

DISPENSING FACILITES

. The District is proposing to exempt specified

non

- retail facilities with captive fleets from Phase II requirements; exempt E85 fueling facilities from Phase II requirements, exempt aboveground tanks that meet specific requirements from Enhanced Vapor Rec overy requirements, and perform general rule clean

- up.

Name of Public Agency Approving Project: Yolo Solano Air Quality Management District

Name of Person or Agency Carrying Out Project: Yolo Solano Air Quality Management District

Exempt Status:

□ Ministerial

□ Emergency Project

■ Categorical Exemption (CEQA Guidelines Section 15308, Action by Regulatory Agency for Protection of the Environment)

□ Statutory Exemption

Reason why project is exempt: The revision of Rule 2. 22 is an action taken to maintain and protect the environment and is therefore exempt from CEQA because it constitutes a Class 8 categorical exemption pursuant to CEQA Guidelines 15308.

Lead Agency Contact Person Mat Ehrhardt, Air Pollution Control Office r Telephone Number (530) 757

- 3650

Signature: Date: Title:ATTACHMENT C

RESOLUTION NO. 15

- 01RESOLUTION NO. 15

- 01

RESOLUTION AMENDING YOLO

- SOLANO AIR QUALITY MANAGEMENT
DISTRICT RULE 2.22

WHEREAS , California Health and Safety Code section 40702 provides that an air quality management district shall adopt rules and regulations as may be necessary or proper to execute the powers and duties granted to, and imposed upon, the district by Division 26 of the Health and Safety C ode; and

WHEREAS , Health and Safety Code section 40727 provides that before adopting, amending, or repealing a rule or regulation, a district board shall make findings of necessity, authority, clarity, consistency, nonduplication, and reference, based upo n information developed pursuant to section 40727.2, information in the rulemaking record maintained pursuant to section 40728, and relevant information presented at the public hearing required by section 40725; and

WHEREAS , section 15308 of the CEQA Guid elines provides that actions taken by regulatory agencies as authorized by state law to assure the maintenance, restoration, or enhancement of the environment where the regulatory process involves procedures for protection of the environment, are categoric ally exempt from CEQA review (Class 8 Categorical Exemption); and

WHEREAS , the purpose of amending Rule 2.22, Gasoline Dispensing Facilities is to exempt certain aboveground storage tanks at non

- retail gasoline dispensing facilities from future requiremen ts, exempt non

- retail facilities with captive fleets from Phase II requirements, exempt E85 fueling facilities from Phase II requirements, and remove requirements that are either no longer applicable or no longer necessary.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Yolo

Solano Air Quality Management District hereby finds, authorizes, directs and declares as
follows:
1. The Board of Directors has considered and hereby adopts by reference the staff report prepared in this matter.

2. The Bo ard of Directors makes the following findings pursuant to Health and Safety Code section 40727: 1) Necessity: Information in the District = s rulemaking record maintained pursuant to Health and Safety Code section 40728 demonstrates a need for amending District Rule 2.22; 2) Authority: Health and Safety Code section 40702 permits the District to amend District Rule 2.22; 3) Clarity: District Rule 2.22 as amended is written so that its meaning can be easily understood by the persons directly affected by it; 4) Consistenc y: District Rule 2.22 as amended is in harmony with, and not in conflict with or contradictory to, existing statutes, court decisions, or state orfederal regulations;

5) Nonduplication: District Rule 2.22 as amended does not impose the same requirements as a n existing state or federal regulation; 6) Reference: By adopting District Rule 2.22, the District meets the requirements of Health & Safety Code Sections 40702.

3. The Board of Directors finds that the District has complied with the procedural requirements set forth in Chapters 6 and 6.5 of Part 3 of Division 26 of the Health and Safety Code.

4. The Board of Directors finds that amending District Rule 2.22 is an action taken by a regulatory agency as authorized by state law to assure the maintenance, restoration, or enhancement of the environment where the regulatory process involves procedures for protection of the environment, and is therefore categorically exempt from CEQA review as a Class 8 Categorical Exemption.

5. The Board of Directors hereby amends District Rule 2.22, Gasoline Dispensing Facilities, as set forth in Exhibit 1 (Attachment A of the Staff Report), which is attached and incorporated by reference. The amendment is effective January 14,
2015.

PASSED AND ADOPTED by the Board of Directors of the Yo lo

- Solano Air Quality Management District this 14th day of January, 2015, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Dilenna Harris, Chair
Board of Directors
Yolo

- Solano Air Quality Management District

Attest: Approved as to Form:

Denise Almaguer, Clerk
Board of Directors Hope Welton, District CounselATTACHMENT D

COMMENTS RECEIVEDFrom: Law, Nicole

Sent: Tuesday, October 22, 2013 3:33 PM

To: Matthew Baldwin

Cc: Steckel, Andrew Subject: Comments on Yolo Solano AQMD Rules 2.21 and 2.22
Attachments: Corporate Fleet ltr 28Nov2007.pdf

Hi Matt,

Thank you for the phone conversation today. I am glad we got a chance to discuss the new timeline for
the rule revisions. As I mentioned, I reviewed the two draft rules you sent us on September 19, 2013
and have no comments on Rule 2.21 Organic Liquid Storage and Transfer. The two comments on Rule 2.22 Gasoline Dispensing Facilities are below.

 The exemption in section 11 3 exempts non

- retail gasoline dispensing facilities where 90% of the vehicles being refueled are equipped with ORVR. Please consider revising the exemption to require 95% of the vehicles be equipped with ORVR, as is done in the following California
distr ict rules and recommended in the 2007 EPA memo, “Removal of Stage II Vapor Recovery from Refueling of Corporate Fleets.” Placer APCD Rule 214, Sacramento AQMD Rule 449, and San Diego APCD Rule 61.4.

 Section 309.6 refers to a section 309.4b, which is not i n the rule. Consider revising this to the
correct reference.

Also, attached to this email is the EPA memo. Please feel free to contact me if you have other questions. Thank you!

Nicole Law Rules Office, Air Division U.S. EPA Region 9 75 Hawthorne Stree t San Francisco, 94105 Office: (415) 947

- 4126 Fax: (415) 947

- 3579From: Shears, James

Sent: Thursday, September 04, 2014 2:52 PM

To: Matthew Baldwin Subject: FW: Yolo

- Solano Rule 2.22

From: Steckel, Andrew
Sent: Thursday, September 04, 2014 2:46 PM
To: mehrhard@ysaqmd.org ; Sutkus, Carol@ARB
Cc: Shears, James; Drake, Kerry; Law, Nicole Subject: Yolo

- Solano Rule 2.22

United States Environmental Protection Agency Region IX
75 Hawthorne Street San Francisco, CA 94105

- 3901

September 04, 2014

Transmittal of EPA Rule Review Comments

To: Mat Ehrhard, Yolo

- Solano Air Quality Management District

mehrhard@ysaqmd.org

Carol Sutkus, California Air Resources Board csutkus@arb.ca.gov

From: Andrew Steckel, Rulemaking Office Chief

steckel.andrew@epa.gov
Re: Draft Rule 2.22, Gasoline Dispensing Facilities, draft dated

August 22, 2014

Based on our preliminary review of the draft rule identified above, we have no comments at this time. We support Yolo

- Solano's efforts to comply with the Air Resources Board's regulatory advisory, dated February 28, 2014, concerning above ground storage tanks. Please direct any questions about our comments to me at (415) 947

- 4115 or to James Shears at (213) 244

- 1810.

_________________From: Lewis, Monica@ARB

Sent: Wednesday, September 10, 2014 9:52 AM

To: Matthew Baldwin

Cc: Benjamin, Michael@ARB; Sutkus, Carol@ARB Subject: YSAQMD Rule 2.22

- ARB review
Attachments: YSAQMD Rule 2 22 ARB Staff Review 090914.docx

Good morning, Matt;

Thank you for allowing ARB the opportunity to review YSAQMD’s Rule 2.22. Our review comments a re attached, and we fully support the proposed rule. If you have any questions, please feel free to contact

me. Alex Krichevsky is no longer handling District rule review, which has been passed to me, my coworker Austin Hicks ( Austin.Hicks@arb.ca.gov ), and our supervisor Carol Sutkus ( Carol.Sutkus@arb.ca.gov ). Best of luck on your workshop tomorrow.

Monica

Monica C. Lewis South Coast Air Quality Planning

Air Quality Planning & Science Division
Air Resources Board
1001 I Street, P.O. Box 2815 Sacramento, CA 95812 916.324.2716 │Monica.Lewis@arb.ca.gov

From: Benjamin, Michael@ARB
Sent: Tuesday, September 09, 2014 5:06 PM
To: Lewis, Monica@ARB
Cc: Sutkus, Carol@ARB; Lew, George@ARB Subject: RE: Review request for YSAQMD Rule 2.22

Monica,

Our comments are attached. Please forward to the District.

Thanks,
Michael

Dr. Michael T. Benjamin, Chief Monitoring and Laboratory Division
California Air Resources Board mbenjami@arb.ca.gov Office: (916) 323

- 2915 Cell: (916) 201

- 8968

From: Matthew Baldwin [ mailto:mbaldwin@ysaqmd.org ]
Sent: Wednesday, August 27, 2014 3:39 PM
To: Kr ichevsky, Alex@ARB Subject: RE: ARB Review of YSAQMD Rules 2:21 and 2:22Alex

Based on the proposed amendments to the certification procedure for aboveground gasoline storage tanks (CP

- 206), the District has made changes to Proposed Rule 2.22

– Gasoline Dispensing Facilities. Because of these changes, we decided to make changes to the previously proposed rule and re

- workshop

it.

Please find attached a copy of the proposed rule and staff report and workshop notice. We plan to workshop the rule on Septembe r 11.

If you have any questions, feel free to call me at (530) 757

- 3679.

Thanks,

Matt Baldwin Associate Engineer
Yolo

- Solano AQMD (530) 757

- 3679Air Resources Board Monitoring and Laboratory Division Engineering and Certification Branch Vapor Recovery Certification Section

ARB Staff Comments on Yolo

- Solano AQMD Proposed Rule 2.22

INTRODUCTORY PARAGRAPH

Yolo

- Solano Air Quality Management District (YSAQMD) is proposing to amend Rule 2.22, relating to vapor recovery controls on gasoline storage tanks. The Air Resources Board (ARB) supports YSAQMD’s proposed rule, which is largely consistent with proposed regulations that ARB staff intends to present to the Board for consideration in November 2014. The proposed YSAQMD rule and ARB’s proposed r ule would both essentially codify the provisions set forth in the Aboveground Storage Tank (AST) Enhanced Vapor Recovery (EVR) Regulatory Advisory issued by ARB February 28, 2014. This a dvisory was developed in collaboration with local air districts throughout the state, including significant involvement from YSAQMD staff.

COMMENTS
ARB staff fully supports the proposed rule. We greatly appreciate YSAQMD’s willingness to delay taking action on previously proposed vapor recovery rules until ARB and local air districts had developed a cohesive statewide approach to AST EVR implementation. The proposed rule would improve cost effectiveness of AST EVR, provide clarity for regulated busine sses, and preserve the most necessary air quality benefits of AST EVR.

While ARB would support adoption of the proposed rule as is, staff respectfully submits the following comments for YSAQMD’s consideration:

 Section 116: Exemption

- Phase II EVR

This s ection, when read in conjunction with section 305.1, appears to allow for the continued use of pre

- EVR Phase II on all ASTs indefinitely. ARB staff anticipates that a Phase II EVR system for ASTs will be certified in late 2014. New ASTs installed after

t he certification of a Phase II EVR system would be required to install a Phase II EVR system, so ARB staff suggests that the proposed YSAQMD rule could be amended to reflect that. Section 112 and 113: Exemption for E85 and Onboard Refueling Vapor

Recov ery ARB staff fully supports the proposed exemption for onboard refueling vapor recovery (ORVR) fleet fueling facilities, including E85 facilities. These exemptions will reduce operating costs for facility owners with no increase in emissions. ARB staff has proposed standards and specifications for Enhanced Conventional (ECO) Nozzles and low permeation hoses that would further reduce emissions from these facilities. ECO Nozzle standards will be presented to the Board for consideration in November 2014. With the likelihood of ECO Nozzle regulations passing in November, YSAQMD could consider revising their proposed language to require the use of ECO Nozzles and low permeation hoses at these exempted E85 and ORVR fleet facilities within four years of
the da te these components are certified by ARB.

 Staff Report : Section VI In the “Regulatory Findings” portion of the Staff Report, under the “Necessity” findings (Page 8), it is stated that the proposed rule would:

“Provide an exemption from implementation of Phase I and Phase II EVR for

non

- retail GDFs, and prevent unnecessary permitting and control costs for sources, potential sources, and the District.”

ARB staff did not find anywhere in the proposed rule that would specifically provide an exemption for all non

- retail facilities, so we request clarification of this statement. ARB would not support an exemption for all non

- retail fueling facilities, and w e do not believe that such an exemption is currently included within the proposed rule.

 Other Comments

In reviewing the rule, ARB staff offers the following comments to improve clarity and to update certain provisions.

1. Section 115.2

- This section exempts ASTs with a throughput of 60,000 gallons or less. For clarity, the sentence should read “....has a Permit to Operate with an annual throughput limit of 60,000 gallons or less, or is ...”

2. Section 214, Enhanced Vapor Recovery Definition

- The reference to CP

- 206 should be “...sections 3 through 10 ” rather than sections 3 through 11.” Section 11 contains no performance standards.

3. Section 304.7

– This section requires that all spill containers must have a drain valve. ARB vapor recovery regulatio ns require no drain valves for all vapor spill containers. Product spill container manufacturers have requested and are granted certification for spill containers without drain valves to avoid gasoline and ethanol phase separation caused by water. ARB st aff is notrecommending that this section be amended but wanted the district to be aware that ARB is certifying spill containers without drain valves.

4. Section 305.5

– This section requires owners/operators to check the system in the event of “drive off” (h ose separate from dispenser or hose separate from nozzle). Please note that CARB EOs include ARB Approved Installation, Operation, and Maintenance (IOM) Manual for the Assist (Healy) and Balance systems contain procedures for checking the hanging hardware after a drive off. If the component fails the check, the component must be replaced. ARB staff recommends that this section include a reference to CARB Executive Order, as applicable.

5. Section 306 (Self Compliance Program), Section 307 (Daily Maintenanc e Inspection Program), and Section 308 (Periodic Inspection Protocol). ARB
staff recommends that these sections include a reference to “CARB Executive Order, as applicable.” CARB EVR Executive Orders include compliance procedures and contain a list of da ily and periodic inspection procedures for each certified system.

6. Section 601, Static Pressure Decay

– ARB staff recommends amending this
section to include a reference to “TP

- 206.3, Determination of Static Pressure Performance of Vapor Recovery Systems a t Gasoline Dispensing Facilities with Aboveground Storage Tanks and CARB Executive Order, as applicable.”

TP

- 206.3 applies to ASTs and lists ullages that are representative of ASTs. The reason for referencing CARB Executive Order is that the certified As sist and Balance Phase II systems include items that are necessary to conduct a static pressure decay test.

7. Section 602, Dynamic Backpressure

- ARB staff recommends amending this section to include a reference to “CARB Executive Order, as applicable.” T he EVR Executive Orders specify which one of the six TP

- 201.4 methodologies to employ and also include special instructions for conducting TP

- 201.4.

8. Section 603, Air to Liquid Ratio

– ARB staff recommending amending this
section to include a reference to CARB Executive Order, which list specific equipment to conduct this test for EVR systems.

9. Section 604, Liquid Removal Rate, ARB staff recommends deleting reference

to TP

- 201.6 and adding TP

- 201.6C, Compliance Determination of Liquid
Removal Rate and CARB Executive Order, as applicable. The reason is that

TP

- 201.6 is used for certification testing and does not include a simplified approach for determining compliance with the liquid removal rate.